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05-04-1995 Regular MeetingCODE ENFORCEMENT BOARD REGULAR MEETING May 4, 1995 A regular meeting of the Miami Shores Village Code Enforcement Board was held on Thursday, May 4, 1995, at the Miami Shores Village Hall. The meeting was called to order by Vice Chairperson Caldwell at 6:45 P.M. with the following members present: Vice Chairperson Thomas J. Caldwell Lance A. Harke Margaret Burch Prospero G. Herrera, 0 Ivor R. Hegedus Absent: Barry Asmus Also Present: Bill Nelson Richard Trumble Amos Pierre Vice Chairperson Caldwell called the meeting to order with the first item on the agenda being the approval of the March 2, 1995, Minutes. • 1. Minutes - March 2, 1995 Ms. Burch moved to approve the Minutes of March 2, 1995, as submitted. Mr. Prospero seconded the motion and it passed unanimously. 2. Vice Chairperson Caldwell asked the Secretary to swear in all parties who would be giving testimony at the meeting. 3. The Secretary called the roll. Five members were present and one was absent. HEARING 4. Case 4444 875 NE 93 Street Owner: Gregory Hoffman and Rigoberto Martinez Unauthorized construction/alterations Section 6-4(a). Required.; Permits - Applications generally. No person shall erect or construct or proceed with the erection or construction of any building or structure, nor add to, enlarge, move, improve, alter, convert, extend or demolish any building or structure, or any group of buildings and/or structures under • one (1) or joint ownership whether on one or more lots or tracts of land; or cause the same to be done where the cost of the work is one hundred dollars ($100) or more in • Code Enforcement Board Regular Meeting May 4, 1995 Page Two value; and on any remodeling or alteration job of any value; without first obtaining a permit therefor from the building department. Mr. Martinez was present to speak on the violation. He stated that he had a permit, and he thought the items in the violation were covered by the permit. Mr. Nelson related the opinion of Mr. Lubian, Miami Shores Building Official, that the permit was not considered valid because it did not follow the plan submitted. Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 6-4(a) of the Miami Shores Village Code and an administrative fee of $180 be assessed. If the violation is not corrected within 30 days, a $25 a day fine hall be levied. Mr. Prospero seconded the motion and it passed unanimously. 5. Case No. 4475 1059 NE 104 Street Owner: William L. McClausland Unlawful roofing materials • Section 225. Masonry construction. Construction of all exterior walls and all structural elements of a building shall be of stone, cement or cement products, brick or tile, and as further detailed in Chapter 27 of the South Florida Building Code. All roofs with inclines of not less than two and one- half (2 1/2) inches per foot and all mansard facias shall be of the following materials: (1) clay tile; (2) white concrete tile; (3) solid colored cement tile which color is impregnated with the same color intensity throughout; (4) thick butt or variegated slate. • Mrs. Lilliana McClausland was present to speak on the violation. Mr. Trumble explained to the Board that this was a new code violation written on March 3, 1995, for no tiles on the roof. A permit had been issued in 1993. Ms. McClausland stated that she had been short of money and would like to request another 30 days to have the roof tiled. Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 225 of the Miami Shores Village Code and an administrative fee of $180 be assessed. If the violation is not corrected within 30 days, a $25 a day fine shall be levied. Mr. Harke seconded the motion and it passed unanimously. 6. Case No. 4480 9817 North Miami Avenue Owner: Rodrick Smith Maintaining a nuisance • Code Enforcement Board Regular Meeting May 4, 1995 Page Three Section 10-5. Maintaining source of noxious odors or gas, disturbing noise, or other nuisance. It shall be unlawful to maintain any source or cause of noxious odor or gas or of any loud, disturbing noise or other nuisance, or to cause the same to exist. Amos Pierre stated that the violation was written on March 23, 1995 for keeping a dirty pool. He passed photographs for Board review. Mr. Pierre stated that on April 10 he contacted the representative and advised them of the pool condition and that it had not been treated. He received a promise that the violation would be corrected. On April 13 Mr. Pierre was told again that the violation would be corrected. Upon reinspection, nothing had been done to the pool to correct the violation. Mr. Hegedus moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 10-5 of the Miami Shores Village Code and an administrative fee of $180 be assessed. If the violation is not corrected within 30 days, a $50 a day fine shall be levied. Mr. Prospero seconded the motion and it passed unanimously. 7. Case No. 4501 • 9450 NE 2 Avenue Owner: James M. Breeding Estate Tenant: Miami Shores Diner Unsightly fascia, soffit, house exterior Section 12-133. Depreciation of surrounding property. The exterior of every structure shall be so maintained with reasonable attractiveness so as not, in the case of excessive scaling or paint or excessive mildew, to cause a substantial depreciation in property values in the immediate neighborhood. The exterior surfaces shall be kept free from materials, objects and conditions which will have an adverse effect on adjacent premises. Ms. Samera Siddiqu was present to speak on the violation. Mr. Trumble stated that orange paint was showing through on the green roof of the diner. He passed pictures to the Board for review. Ms. Siddiqu had just requested a permit which had not yet been given and asked the Board for a 30 day extension to paint and fix the roof. Mr. Hegedus moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 12-133 of the Miami Shores Village Code and an administrative fee of $180 be assessed. If the violation is not corrected within 30 days, a $25 a day fine shall be levied. Ms. Burch seconded the motion and it passed unanimously. • • Code Enforcement Board Regular Meeting May 4, 1995 Page Four 8. Case No. 4502 9450 NE 2 Avenue Owner: James M. Breeding Estate Tenant: Miami Shores Diner Section 12-133. Depreciation of surrounding property. The exterior of every structure shall be so maintained with reasonable attractiveness so as not, in the case of excessive scaling or paint or excessive mildew, to cause a substantial depreciation in property values in the immediate neighborhood. The exterior surfaces shall be kept free from materials, objects and conditions which will have an adverse effect on adjacent premises. Ms. Samera Siddiqu was present to speak on the violation. Mr. Trumble stated that the trash area and enclosure was broken and falling apart. He passed pictures for the Board to review. The picture showed the trash area having been pieced together and Mr. Trumble determined that this was not acceptable. He stated that he had told the tenant that a chain Zink fence would be appropriate. This had not been done as of yet. Ms. Siddiqu stated that she would have the trash area fixed and enclosed properly • if she could have a 30 day extension. Vice Chairperson Caldwell stated he believed another $180 administrative fee should not be assessed on this property if the 30 day extension were given. • Ms. Burch moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 12-133 of the Miami Shores Village Code and if the violation was not corrected within 30 days, a $25 a day fine shall be levied. Mr. Harke seconded the motion and it passed unanimously. 9. Case No. 4497 334 NE 102 Street Owner: Cesar A. Jofre General unsightliness Section 10-1. Property to be maintained in safe, clean and sightly condition. It shall be the duty of all owners of lots, parcels and tracts of land within the village to keep such property in a safe, clean and sightly condition and to remove therefrom all surplus grass, weeds and other growth and all trash and rubbish and to fill in all excavations and depressions thereon. No one was present to speak about the violation. Mr. Trumble passed pictures to the Board for review. He stated that the home and land were kept in a very unsightly manner. The lawn would be mowed but never trimmed. Mr. Trumble stated that only • Code Enforcement Board Regular Meeting May 4, 1995 Page Five • • one neighbor had complained and this complaint was given after he had served a violation upon them. The owners had recently pulled a permit to paint the house. Mr. Prospero moved for a Finding of Fact and Conclusion of Law that a violation exists to Section 10-1 of the Miami Shores Village Code and an administration fee of $180 be assessed. If the violation is not corrected within 30 days, a $25 a day fine shall be levied. Mr. Hegedus seconded the motion and it passed unanimously. 10. Case No. 4504 1079 NE 96 Street Owner: Susan Gilbert General unsightliness Section 10-1. Property to be maintained in safe, clean and sightly condition. It shall be the duty of all owners of lots, parcels and tracts of land within the village to keep such property in a safe, clean and sightly condition and to remove therefrom all surplus grass, weeds and other growth and all trash and rubbish and to fill in all excavations and depressions thereon. Mr. Trumble stated that the violation had been corrected. Ms. Burch moved for dismissal. Mr. Prospero seconded the motion and it passed unanimously. 11. Code Enforcement Six Month Statistical Report Mr. Nelson was at the Board Meeting to present the Code Enforcement Six Month Statistical Report. 12. Adjournment. Ms. Burch made a motion to adjourn. Mr. Prospero seconded the motion and it passed unanimously. The meeting adjourned at 7:00 p.m. Vice C _:.:.•ers n II, 4111Prf J fI1 • Ann Ragon'7'c`